The Waco daily examiner. [volume] (Waco, Tex.) 187?-1888, 1887-06-17
Prohibition and ParadoN.

1t is noteworthy fact, that, of 81,
orr penal statutes. that which the
prohibition amendment commando
the legislature to ADOPT viii be the
on IS one that seeks to abridge or reg
ulate natural or quasi natural right,
that does not pause ut the threshold
of the citizens home. III the inter
e-ts of society, stringent gaming acts
have been adopted; but one may
play at any of the inhibited game,
banking games excepted. within his
own domicle. OF the same necessity
spring, the law against the carrying
of arms but no legislature has ever
dared g. abridge thc right upon the
citizen premises. aud thi- whether
thcy cover curtilBge or county
Many -peciou- answers 10 this may
be given, but none Of them will cX-
plan away IT, fat that the amend
meut contemplstes no exception In
favor of the sale. manufacture and eN-
change OF intoxicating liquors for
home use. II the dealer sell or cX-
change 60 the head Of family Tor or.
DERBY use, he brings himself within
the penalties OF the law, just as surely
~ where he serves liquor IT, the mid,
night bruwcr. Restraint upon the
right to sell is restraint upon the
right TO buy, from whence follows in
the case OF the amendment restraint
upon home right.
A. grrmane to the icreg,i 9 objec-
ton. il remains also TO be said, that
the legislation contemplated in the
proposed amendment will be a dcpar-
turc from former enactment,, in that,
in seeking for head - this oilensc,
| II passes over the user and consumer
and visits its penal consequences upon
the vendor. Former legislatures
thought pistols aud cards innocuous
unit thoy had lift the factory and
store and were in the hands of those
who used them in certain prohibited
way r; the body whose duty it shall
become to give the amendment effect
is required to think liquors in a Jug
or bottle the monster to he feared,
aud that 1t loses its inherent vicious
ness in thu manual Artot transfer 10
the purchaser. An apothccarv who
| knowingly SELL poison to one who
seeks his own Lfc is responsible; but
the laws OF many states stop not there
lie who unsucco -sfully attempts SELF
destruction ID also punished; and
some of the older code, not only fol-
lowed the suicides property to con-
liscaiion. but visited dshonor upon
hi remains.
Wherever an oilensc is not complete
without The agency of two person, y,
the rule adopted by trainers of penal
codes has been to include both par
Elephants. Yet here we are to
have an oilensc which condoncs
the guilt of one, without whose
completely the oilensc could
never have been committed And we
are further asked to violate al immc-
mortal rule of evidence. by placing
the unsupported co -conspirator upon
the stand to prove the crime Of his
fellow. TO say that the local option
law cCntemp!ates and permits con-
vlctions upon this character of te,ti-
mony, answers nothing; tor those ta-
milinr with the adiudicatlons Of the
| court of last resort under this law
well know that the question OF it,
aduissibility has never been raised :,
and it will be early enough ID claim
for it the force of q precedent when
ii has been SO held.
SO that, looked at from whatever
point OF view, the legislation under
TIE amendment must be illogic4l and
inconscquoutial. II will abound in
platitudes and paradoXcs. 1t is no
offence 10 buy, yet Il is crime TO
sell one may not sell so much o, one
drop, except for certain -pccihed pur.
poses and under restrictions to be
set, vet he may drink to bestiality if
he can but hnd the way to circum.
vent the law.